Children and Same Sex Families: A Legal Handbook

This portable single volume handbook brings together the up-to-date statutory and jurisprudential position in family law appertaining to same sex couples, with an emphasis on children (where the law is at its most complex).

Why should you buy Children and Same Sex Families: A Legal Handbook

This portable single volume handbook brings together the up-to-date statutory and jurisprudential position in family law appertaining to same sex couples, with an emphasis on children (where the law is at its most complex). The text clarifies the effect of the law of England and Wales as it relates to people with or wanting children who are in same sex relationships, in particular giving guidance as to complex issues such as:

gender and what constitutes a same sex relationship

same sex relationships for the international family

the effect on parentage of the timing, location and manner of a child's conception

issues of legality, illegality and status surrounding surrogacy and adoption

the family and financial consequences of the breakdown of same sex relationships and co parent relationships

the law relating to property ownership and succession for couples in a same sex relationship

the changes to the law in the HFEA 2008 which allow two people of the same sex to be the child's legal parents

Children and Same Sex Families: A Legal Handbook assists families, individuals and professionals in giving advice and making choices and arrangements to achieve the best outcome for that family. It is an invaluable guide to this rapidly evolving area of law written for all family lawyers and related professionals (eg charities; local authorities; healthcare trusts; adoption agencies; benefits agencies).

"clarifies the law as it relates to those either in, or wanting to be in, a same sex relationsip and who have, or want to have children.... this carefully footnoted book also provides extensive research resources, inculding tables of cases, statutes and statutory instruments, plus detailed index.... The up-to-date statutory and jurisprudential position in family law pertaining to same sex couples is carefully elucidated, which means the book is extremely useful not merely to legal practitioners but to professionals in local authorites, adoption and benefits agencies and healthcare trusts..." Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

Elina Nhinda-Latvio

Her Honour Judge Jai Penna

What do we mean by parent? Biological or genetic parenthood Applications for declarations as to parentage Legal parentage: mother father or parent? Child of the family Acquiring legal parenthood Tracing legal parenthood

2. Parental Responsibility (Marisa Allman)

Defining parental responsibility Who has parental responsibility Acquiring parental responsibility by agreement or order

3. Surrogacy (Marisa Allman)

What is surrogacy Commercial surrogacy What are the routes to a commissioning parent becoming the child's carer following surrogacy? Making the application for a parental order Adoption Guardianship International surrogacy

Introduction The family home: occupation The family home: ownership The family home: the legal framework The family home: rented property Other property Provision for children on relationship breakdown

11. Succession (Sarah Greenan)

Introduction Property which does not pass by will Inheritance under a will Gifts by will to children Intestate succession Succession to tenancies Inheritance and family provision